Emmanuel Addeh
A human rights activist, Mr. Femi Falana yesterday wrote the Chairman, Economic Community of West African States (ECOWAS), President Nana Addo Akufo-Addo, asking the regional organisation to take preventive measures to stop coups and unconstitutional change of governments in the sub-region.
He urged West African leaders to apply the ECOWAS treaties and protocols on democracy and human rights with a view to promoting the rule of law, ending impunity of political leaders and ensuring full respect for citizens’ human and socio-economic rights.
Following the latest military coup in Burkina Faso and coming on the heels of at least five previous coups from the member states, the former West Africa Bar Association (WABA) president said ECOWAS should be proactive rather than being always reactive.
“Unfortunately, it has become routine for ECOWAS leaders to act after-the-fact rather than taking preventive measures to enforce respect for human rights, the rule of law, and end impunity of political leaders who frequently seek to change their national constitutions for personal gain.
“I am concerned that for many years, official impunity, abuse of human rights, grand and systemic corruption, flagrant disregard for the rule of law and grinding poverty arising from economic mismanagement have been pervasive throughout the sub-region, and indeed the African continent.
“Other legal and constitutional infractions include unconstitutional revisions of national constitutions to keep political leaders in power, and manipulating electoral and other laws to disqualify political opponents and enhance electoral success for the incumbent,” the senior lawyer said.
He noted that the persistent failure of the leadership of ECOWAS to take a preventive and active role in dealing with these threats to democracy, human rights and the rule of law had continued to contribute significantly to recurring coups and unconstitutional change of governments in many countries.
Falana posited that unlawfully amending national constitutions to remain office is acting above the law, and contrary to ECOWAS treaties and protocols, and other international standards, as well as seriously undermining member states’ democratic systems.
According to him, it was unsurprising that many of the political leaders continued to act with impunity and do not fear condemnation and sanctions from the ECOWAS.
Falana noted that it was disturbing that poverty was on the ascendancy in spite of the abundant resources of the member states of the ECOWAS.
To address the economic crisis, the senior lawyer stressed that every member state should end the foreign domination of their economy in accordance with Article 21(5) of the African Charter on Human and Peoples Rights.
He explained that the charter imposes a duty on all governments in Africa to, “eliminate all forms of foreign exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.”
“Despite the treaties and protocols on democracy and human rights, the ECOWAS has continued to tolerate member states with significant democratic and rule of law deficits. These member states regularly conduct elections that are neither fair, credible, nor free.
“More worrisome is the fact that political opponents and activists who oppose illegal constitutional amendment and other infractions are either jailed or killed.
“Despite the illegality and grave human rights violations in many of these member states, the ECOWAS has continued to send election observers to these countries who usually endorse questionable and seriously flawed elections under purported constitutional amendment,” he wrote.
Furthermore, he opined that the lack of political will to respect human rights, reject impunity, and obey the rule of law was exacerbated by the fact that to date only six of the 16 member states of ECOWAS had appointed ‘implementing authorities’ to enforce the decisions and judgments of the ECOWAS Court of Justice in Abuja.
He stated that the obligation of ECOWAS leadership to take preventive and effective measures to address democratic and rule of law deficits in several member states is a central part of the responsibility to protect.
Exercising the responsibility to protect, he posited, would enable member states to address these deficits, as the responsibility to protect incorporates and embraces three important elements.
“Firstly, the responsibility to prevent: to address both the root causes and direct causes of coups and unconstitutional change of government.
“Secondly, the responsibility to react: to respond to situations of leaders of ECOWAS countries unlawfully changing national constitutional to suit their personal ambitions, blatantly violating the human rights of their own people, and failing to obey the rule of law.
“Thirdly, the responsibility to rebuild a culture of respect for democratic principles, human rights and the rule of law,” he noted.
According to him, the failure to take effective and meaningful preventive measures to address the democratic and rule of law deficits would continue to undermine the legitimacy and ability of the ECOWAS to consistently deal with military coups and unconstitutional changes of government in the sub-region.
He argued that ECOWAS leaders could no longer use as pretext the ground of ‘national sovereignty’ for their failure to respond to gross and systematic violations of human rights that affect community citizens.
“In light of recent developments in Burkina Faso and elsewhere in the sub-region, I am calling on the ECOWAS to show leadership and strong political will in this matter, and that you should, in your position as Chairman of the ECOWAS, convene an extra-ordinary session of the Authority of the ECOWAS in order to discuss the matter, and the recommendations proposed in this letter,” he noted.
To prevent members of the armed forces from hiding under the pretext of fighting insecurity to sack constitutional governments, Falana stressed that the Multinational Joint Task Force (MNJTF), should be revived, expanded and funded to fight insurgency in the region.
